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Regulations for the Implementation of Foreign Investment Law of the People’s Republic of China

Translated by Lingyun Gao (Professor of Law, Fudan University)

Chapter I General Provisions

Article 1

This Regulations is made under the Foreign Investment Law of the People’s Republic of China (hereinafter referred to as the “Foreign Investment Law”).

Article 2

The State encourages and promotes foreign investment, protects the lawful rights and interests of foreign investors, regulates foreign investment administration, continues to optimize foreign investment environment, and advances a higher-level [market] opening.

Article 3

The “other investors” mentioned in items 1 and 3, paragraph 2 of article 2 of the Foreign investment Law include the natural persons of Chinese nationality.

Article 4

The negative list for foreign investment entry (hereinafter referred to as “the negative list”) is formulated by the department under the State Council in charge of investment, jointly with the department under the State Council in charge of commerce and other relevant departments, and submitted to and issued by the State Council, or issued by the departments there under in charge of investment and commerce after being approved by the State Council.

The State adjusts the negative list in a timely manner to satisfy the needs for furthering the opening up [policy] and economic and social development. When adjusting the negative list, the procedure provided in the preceding paragraph shall apply.

Article 5

The departments under the State Council in charge of commerce and investment and other relevant departments there under work closely, co-cooperatively, and jointly to accomplish the promotion, protection, and administration of foreign investment according to division of their responsibilities。

The local people’s governments above the county level shall strengthen their leadership in promoting, protecting, and administering foreign investment, support and urge the relevant departments to develop, in accordance with law, administrative regulations, and the division of the responsibilities, the promotion, protection, and administration of foreign investment,and timely coordinate and resolve the major issues arising therefrom.

Chapter II Promotion of Investment

Article 6

The government and its relevant departments shall equally treat foreign-invested enterprises and domestic enterprises in funds arrangement, land supply, tax abatement or exemption, qualification licensing, standard setting, project application, or human resource policies.

The policies adopted by the government and its relevant departments supporting the development of enterprises shall be publicized in accordance with law. Where the implementation of a policy involves a matter that the enterprises need to apply for, the government and its relevant departments shall publicize the condition, procedure, and time limit for such application,and treat the foreign-invested enterprises and domestic enterprises equally when reviewing their applications.

Article 7

When issuing an administrative regulation, a departmental rule, or a regulatory document concerning foreign investment, or when the government and its relevant departments are drafting a law or a local regulation concerning foreign investment, the drafters shall, as applicable, seek comments from foreign-invested enterprises, the relevant chambers of commerce, and the relevant associations through various forms including inviting written comments and convening seminars, demonstrating meetings, or public hearings. For those comments and suggestions shared by most people or concerning an issue involving the major rights and obligations of foreign-invested enterprises, feedback on the adoption of the comments or suggestions shall be given in a proper manner.

The regulatory documents concerning foreign investment shall, in accordance with law, be timely publicized, and those not publicized shall not be cited as the basis for administration. A regulatory document closely related to the production and operation of foreign-invested enterprises shall, based on the actual situation, reasonably determine a time frame between its issuing and its implementation.

Article 8

The people’s governments at various levels shall, in accordance with the principle of government-domination and multiparty-participation, establish and improve a system serving foreign investment, and constantly improve the ability and standard of such service.

Article 9

The government and its various departments shall, through its official website or a nationally unified online government-service platform,specify the laws, regulations, departmental rules, regulatory documents, policy measures, and information on investment projects concerning foreign investment,and emphasize publicity and explanation thereof through various methods, to provide consultation, guidance, and other services for foreign investors and foreign-invested enterprises.

Article 10

The “special economic zone” mentioned in article 13 of the Foreign Investment Law refers to a specific area approved and established by the State in which more liberal policy measures of opening for foreign investment are adopted.

The pilot policy measures on foreign investment which are adopted by the State in certain regions and are proved to be feasible, are to be adopted, as applicable, in other regions or nationwide.

Based on the national economy and the needs for social development, the State makes a catalogue of the sectors that foreign investment is encouraged to invest in specific industries, sectors, and regions listed therein. The catalogue for the sectors that foreign investment is encouraged is drafted by the department under the State Council in charge of investment jointly with the department under the State Council in charge of commerce and other relevant departments, and issued thereby after being approved by the State Council.

Article 12

A foreign investor or foreign-invested enterprise may, in accordance with law, administrative regulations, or the rules made by the State Council, enjoy preferential treatments in areas such as finance, tax, financing, and land usage.

A foreign investor who applies income accrued from its investment within China to expand its investment in China shall enjoy, in accordance with law, the corresponding preferential treatment.

Article 13

Foreign-invested enterprises shall equally participate, in accordance with law, in setting and revising the State standard, industry standard, local standard, and group standard with domestic enterprises. Foreign-invested enterprises may, based on needs, make industry standards on its own initiative or jointly with other enterprises.

A foreign-invested enterprise may propose to the administrative department in charge of standard-setting, and may propose comments and suggestions during the periods of approval of the standard-setting project, drafting of the standard, technology examination, and the feedback and evaluation of the implementation of the standard, and engage in standard drafting, technology examination,and other relevant works as well as the translation of the standard into foreign languages.

The department in charge of standard-setting and the other relevant administrative departments shall establish and improve a relevant working system to improve the transparency of and promote the complete publicity of the information on standard-setting and revision.

Article 14

The mandatory standards made by the State shall equally apply to foreign-invested enterprises and domestic enterprises, and [the relevant departments of the government] shall not impose on the foreign-invested enterprises a standard for the technology higher than the mandatory standard.

Article 15

The government and its relevant departments shall not obstruct or restrict a foreign-invested enterprise from freely entering into the government procurement market in the local area or in a specific industry.

The purchaser of government procurement or its agency shall not adopt differentiated or discriminated treatment on foreign-invested enterprises when publicizing procurement information, determining and reviewing the qualification of suppliers, and determining the standard for review thereof. Neither shall they restrict suppliers through imposing unreasonable conditions, such as restricting the suppliers’ ownership type, organizational form, equity structure, the nationality of the investors, or the brand of product or service, nor differentiate the product manufactured or service provided within China by a foreign-invested enterprise from those manufactured or provided by a domestic enterprise.

Article 16

A foreign-invested enterprise may, in accordance with the Government Procurement Law of the People’s Republic of China (hereinafter referred to as the Government Procurement Law) and its implementation regulations, inquire into or question the purchaser or its agency about a government procurement matter and lodge complaint with the department supervising government procurement. The purchaser, its agency, or the department supervising government procurement shall provide a response or make a decision within the stated period of time.

Article 17

The department supervising government procurement and the other relevant departments shall strengthen the supervision of and examination on government procurement, and correct and punish in accordance with law the activities that treat foreign-invested enterprises differently or indiscriminately in violation of law or regulations.

Article 18

A foreign-invested enterprise may, in accordance with law, obtain financing within or outside China through public offering of securities such as stocks or corporate bonds, issuing other financing securities through either public issuing or private placement, and borrowing foreign debts.

Article 19

The local people’s governments above the county level may, in accordance with law, administrative regulations, and local regulations and within their delegated authority, take policy measures to promote and facilitate foreign investment, such as abatement of fees, guarantee of land-use quota, and provision of public services.

The policy measures purported to promote and facilitate foreign investment taken by the local people’s governments above the county level shall be oriented to promote high quality development, shall be beneficial for improving economic, social, and ecological benefits, and for constantly optimizing the foreign investment environment.

Article 20

The relevant departments in charge shall make and publicize a guideline for foreign investment to serve and facilitate foreign investors and foreign-invested enterprises. The guideline for foreign investment shall include introduction to foreign investment environment, procedure guide lines for foreign investment, information on investment projects, and the relevant data, which shall be timely updated.

Chapter III Protection of Investment

Article 21

The State does not expropriate foreign investors’ investments.

Under special circumstances where the State expropriates the investment of foreign investors for public interests, it shall be proceeded in accordance with the legal procedure and in a non-discriminatory manner, and compensation shall be made timely based on the market value of the expropriated investment .

Article 22

The capital contribution made by foreign investors within China, and the profits, capital gains, proceeds of asset disposal, intellectual property rights’ licensing fee, indemnity or compensation legally obtained, or proceeds received upon liquidation by foreign investors within China, may be freely remitted inbound and outbound in RMB yuan or a foreign currency, and no entity or individual may impose restrictions on the currency, amount, or frequency of inbound or outbound remittance in violation of law.

The salary and other lawful income of foreign employees or employees from Hong Kong, Macau, and Taiwan of a foreign-invested enterprise may, in accordance with law, be freely remitted outbound.

Article 23

The State reinforces punishment on infringement of intellectual property rights, constantly strengthens enforcement of protection of intellectual property rights, promotes the establishment of a fast-track co-ordination protection system for intellectual property rights, improves a diversified system for resolving disputes on intellectual property rights, and equally protects the intellectual property rights of foreign investors and foreign-invested enterprises.

Where a standard-setting involves a patent owned by a foreign investor or foreign-invested enterprise, the relevant provisions on the standard involving the patent shall be applied.

Article 24

An administrative agency (including an organization authorized bylaw or administrative regulations to administer public matters, similarly hereinafter) and its staff shall not compel directly or in a disguised form a foreign investor or a foreign-invested enterprise to transfer technology through implementing administrative licensing, inspection, penalty, coercion,or other administrative methods.

Article 25

Where it is necessary for an administrative agency that is performing its duties to request a foreign investor or foreign-invested enterprise to provide materials or information involving a trade secret, [the materials or information required to be provided] shall be constrained within the scope necessary for the administrative agency to perform its duty, and the access to the materials or information should be strictly controlled and people irrelevant to performing such duty shall not access to the relevant materials or information.

The administrative agencies shall establish and improve an internal administration system and adopt effective measures to protect the trade secrets owned by the foreign investors or foreign-invested enterprises which are obtained during performing of their duties; where the information is required by law to be shared with other administrative agencies, the trade secrets contained in the information shall receive confidential treatment to avoid leakage.

Article 26

The regulatory documents made by the government and its relevant departments concerning foreign investment shall go through compliance review in accordance with the regulations made by the State Council.

Where a foreign investor or foreign-invested enterprise believes that a regulatory document made by a department under the State Council or made by a local government and its departments based on which an administrative activity was conducted is not in compliance with law, it may, in accordance with law, request for a compliance review of such regulatory document when it applies for administrative review of the administrative activity or initiates an administrative litigation.

Article 27

The “commitment on policies” mentioned in article 25 of the Foreign Investment Law refers to the written commitments made by the local people’s governments at various levels and their relevant departments within their legally delegated authority concerning the supportive policies, preferential treatment, and facilitation conditions that apply to foreign investors and foreign-invested enterprises who invest in the local area. The content of such commitments shall comply with law and regulations.

Article 28

The local people’s governments at various levels and their relevant departments shall perform their commitments on policies made in accordance with law to foreign investors and foreign-invested enterprises, and the various contracts entered into therewith in accordance with law, and shall not breach or cancel such a contract on the ground that the administrative division is readjusted, the government officials are re-elected, the agencies or their functions are adjusted, or the relevant persons in charge are changed, etc. Where the commitment on policies or contract needs to be changed as required for social public interests, it shall be done in accordance with the legal authority and legal procedure, and the damage thus suffered by the a foreign investor or foreign-invested enterprise shall be fairly and reasonably compensated in a timely manner.

Article 29

The local peoples’ governments above the county level and the irrelevant departments shall, according to the principles of publicity,transparency, efficiency, and facilitation, establish and improve a mechanism for foreign-invested enterprises to lodge complaints, in order to timely resolve the issues presented by foreign-invested enterprises or their investors, and to coordinate and improve the relevant policy measures.

The department under the State Council in charge of commerce establishes, with the other relevant departments under the State Council, an inter-ministry joint-conference system concerning the complaints filed by foreign-invested enterprises to coordinate and promote the work concerning complaint made by foreign-invested enterprises to the central government, and to guide and supervise the work concerning complaint made by foreign-invested enterprises to the local government. The local people’s governments above the county level shall designate a department or agency to accept complaints filed by the foreign-invested enterprises or their investors within the local area.

The department under the State Council in charge of commerce and the department or agency designated by the local people’s government above the county level shall improve the rules for the complaining mechanism and the means for lodging complaints, and clarify the time limit for resolving the complaints. The rules for the complaining mechanism, the means for lodging complaints, and the time limit for resolving the complaints shall be publicized.

Article 30

Where a foreign-invested enterprise or its investor believes that an administrative act conducted by an administrative agency and its staff infringes upon its lawful rights and interests, and applies for co ordination and resolution through the complaining mechanism for foreign-invested enterprises, the relevant department may inquire into the concerned administrative agency and its staff about the specific situation while conducting coordination, and the latter shall be cooperative. The petitioner shall be notified in writing about the result of coordination.

Where a foreign-invested enterprise or its investor petitions to resolve a problem through coordination according to the provisions provided in the preceding paragraph, its ability to apply for administrative review or initiate an administrative litigation is not affected.

Article 31

No entity or individual shall suppress or retaliate the foreign-invested enterprise or its investor who lodges a complaint with or petition to the complaining mechanism for foreign-invested enterprises to resolve a problem.

A foreign-invested enterprise or its investor may complain about a problem to the government and its relevant departments through other lawful means, in addition to filing with the complaining mechanism for foreign-invested enterprises.

Article 32

A foreign-invested enterprise may establish a chamber of commerce or an association in accordance with law. Unless otherwise provided by law or administrative regulations, a foreign-invested enterprise may decide autonomously to join in or withdraw from a social organization such as a chamber of commerce or an association, and no entity or individual shall intervene.

The chamber of commerce or association shall, in accordance with law, administrative regulations, or its articles of association, strengthen the self-discipline of the industry, timely report the request of the industry,provide to its members services such as information consultation, publicity and training, market expansion, economic and trade exchanges, protection of rights and interests, and dispute resolution.

The States supports the chambers of commerce or associations to conduct relevant activities in accordance with law, administrative regulations,and its articles of association.

Chapter IV Administration of Investment

Article 33

A foreign investor shall not invest in a prohibited sector on the negative list. For a restricted sector on the negative list, a foreign investor shall comply with the special administrative measures required for entry of the restricted sector, such as the requirement for equity shareholding and qualifications for its senior management officers.

Article 34

Where a relevant department is performing its duties, it shall not grant permit, register the enterprise,or allow the relevant matters if the foreign investor proposes to invest in a sector listed in the negative list but the corresponding requirements are not satisfied; where an application concerns approval of an investment project involving fixed assets, the approval shall not be issued.

The relevant department shall strengthen supervision and examination of the enforcement of the negative list; if it is discovered that a foreign investor is investing in a prohibited sector on the negative list, or if the investment activity of a foreign investor is in violation of the special administrative measures required for investing in a restricted sector on the negative list, the provisions provided in article 36 of the Foreign Investment Law shall be applied.

Article 35

Where a foreign investor invests in an industry or sector which requires obtainment of a license in accordance with law, unless otherwise provided by law or administrative regulations, the relevant department responsible for implementing the license shall, according to the same condition and procedure applicable to domestic enterprises, review the application of the foreign investor for the license, and shall not impose discriminatory requirements on the foreign investor concerning the conditions for granting the license, application materials, review, time list for review, etc.

The relevant department in charge of implementing the licensing shall, through various means, optimize the service for the review and improve the efficiency of approval. The licensing matters that satisfy the relevant conditions and requirements may be handled by means of making commitment upon receipt of notification in accordance with the relevant rules.

Article 36

Where the foreign investment needs to be approved to filed for the record, it shall be handled in accordance with the relevant regulations of the State.

Article 37

The registration of a foreign-invested enterprise shall be filed with the department under the State Council in charge of market supervision and administration or the duly delegated department of a local government in charge of market supervision and administration. The department under the State Council in charge of market supervision and administration shall publicize the list of duly delegated departments of market supervision and administration.

The registered capital of a foreign-invested enterprise may be represented by RMB or by a freely-convertible currency.

Article 38

A foreign investor or foreign-invested enterprise shall, through the enterprise registration system and the enterprise credit information disclosure system, report investment information to the competent departments in charge of commerce. The departments under the State Council in charge of commerce and market supervision and administration shall integrate and coordinate the relevant systems, and provide guidance for foreign investors or the foreign-invested enterprises to report their investment information.

Article 39

The content, coverage, frequency, and specific procedure of foreign investment information report are determined and announced by the department under the State Council in charge of commerce jointly with the department under the State Council in charge of market supervision and administration and the other relevant departments, based on the principles of actual necessity, high efficiency, and facilitation. The department in charge of commerce and the other relevant departments shall enhance information sharing, and if the investment information is available through the inter-departmental information sharing system, the foreign investor or foreign-invested enterprise shall not be required to submit a duplicate report.

The investment information reported by foreign investors or foreign-invested enterprises shall be true, accurate, and complete.

Article 40

The State establishes a security review system for foreign investment to conduct security review for those foreign investments that affect or may affect the State security.

Chapter V Legal Liability

Article 41

The government, its relevant departments, and the staff thereof,shall assume legal liability in accordance with law and administrative regulations if they have conducted any of the following activities:

(1) making or implementing a policy which does not equally treat foreign-invested enterprises and domestic enterprises in compliance with law;

(2) illegally restricting foreign-invested enterprises from equally participating in the standard setting and review, or imposing a technology requirement on foreign-invested enterprises which is higher than the mandatory standard;

(3) illegally restricting foreign investors from remitting funds inbound or outbound;

(4) failure to honor a commitment on policies made in accordance with law to a foreign investor or foreign-invested enterprise or failure to perform the various contracts legally entered into therewith, making a commitment on policies in exceeding its duly delegated authority, or making a commitment on policies the content of which does not comply with law or administrative regulations.

Article 42

The purchaser in government procurement or its agency, who exercises differentiated or discriminatory treatment on foreign-invested enterprises through imposing unreasonable conditions, shall assume legal liability according to the Government Procurement Law and its implementation regulations; where the bidding result is or may be affected, the Government Procurement Law and its implementation regulations shall apply.

Where the department supervising the administering government procurement has not made a timely decision on the complaint filed by a foreign-invested enterprise, the directly responsible person in charge and other responsible staff shall receive sanctions in accordance with law.

Article 43

Where an administrative agency and its staff compels directly or in a disguised form a foreign investor or foreign-invested enterprise to transfer its technology, the directly responsible person in charge and other responsible staff shall receive sanctions in accordance with law.

Chapter VI Supplementary Provisions

Article 44

A foreign-invested enterprise established before this Law takes effect under the Law of the People’s Republic of China on China-Foreign Equity Joint Ventures, the Law of the People’s Republic of China on Wholly Foreign-Owned Enterprises, or the Law of the People’s Republic of China on China-Foreign Contractual Joint Ventures may elect to transform its business form and organization structure, etc. according to the Corporation Law of the People’s Republic of China and the Law of the People’s Republic of China on Partnership Enterprises and file for registration of modification of its business form within five years since this Law takes effect; it may also maintain its original business form or organization structures.

Since January 2025, for those existing foreign-invested enterprises that have not transformed their business form or organization structure in accordance with law and have not filed for modification registration, the department in charge of market supervision and administration shall not accept their application for other registration matters, and shall publicize the relevant situation thereof.

Article 45

The specific rules on registration of modification of the business form or organization structure of the existing foreign-invested enterprises shall be made and announced by the department under the State Council in charge of market supervision and administration. The department under the State Council in charge of market supervision and administration shall reinforce its guidance on modification registration, and the departments of market supervision and administration in charge of modification registration shall,through various means of optimizing their service, facilitate the enterprises for their modification registration.

Article 46

After the existing foreign-invested enterprises have transformed their business form and organization structure, the conditions on transferring shares of stock or shares of equity and the means of distribution of income and the residual assets agreed upon by the original cooperative parties may continue to be effective.

Article 47

The relevant provisions provided in the Foreign Investment Law and this Regulations apply to the foreign-invested enterprises that re-invest within China.

Article 48

For the investors from the Hong Kong Special Administrative Region and the Macau Special Administrative Region investing in the mainland, the Foreign Investment Law and this Regulations shall be applied by reference;except that the law, administrative regulations, or the rules made by the State Council that provide otherwise shall be applied.

For the investors from Taiwan investing in the mainland, the Law of the People’s Republic of China on Protection of Investment Made by Taiwan Compatriots and its Implementation Regulations shall apply; for the matters not mentioned in the aforementioned Law or Regulations, the Foreign Investment Law and this Regulations shall be applied by reference.

For the Chinese citizens who have settled abroad investing within China, the Foreign Investment Law and this Regulations shall be applied by reference, except that the law, administrative regulations, or the rules made by the State Council that provide otherwise shall be applied.

Article 49

This Regulations takes effect since January 1, 2020. The Regulations on Implementing the Law of the People’s Republic of China on China-Foreign Equity Joint Ventures, the Provisional Regulations on the Term of China-Foreign Equity Joint Ventures, the Implementation Rules on the Law of the People’s Republic of China on China-Foreign Equity Joint Ventures, the Implementation Rules on the Law of the People’s Republic of China on Wholly Foreign-Owned Enterprises, and the Implementation Rules on the Law of the People’s Republic of China on China-Foreign Contractual Joint Ventures shall be repealed at the same time.

If there is any discrepancy between the rules concerning foreign investment made before January 1, 2020 and the Foreign Investment Law or this Regulations, the Foreign Investment Law and this Regulations shall prevail.

THE END

WiseNet Asia in the News

Press Release: Chongqing Municipality Government Bodies and WiseNet Asia Presents ‘2019 Chongqing Talents Cup’ with up to SGD1mill in Funding for Start-Ups

SINGAPORE, 9 Oct 2019 – Various Chongqing government authorities, together with WiseNet Asia, and in partnership with NUS Enterprise are organizing the 2019 Chongqing Talents Cup for start-ups. This is a competition for innovation, entrepreneurship and creativity. It is open for all nationalities and will take place in Block 71, Ayer Rajah Crescent on 19^th October. The final round will be held in Chongqing from 9^th to 10^th November.

This competition brings together incubators, venture capitalists, corporate executives, mentors and related resources in one platform, with the objective of providing growth opportunities to founders who have innovative and creative entrepreneurial ideas.

A total of six winners will receive cash prizes. The highlight of the competition is RMB1million to RMB5million (SGD1mill) in funding to selected participants.

Judges for the competition consist of key corporate leaders. The list includes Adelyn Ong, Managing Director of China Mobile, Jo Hu, CEO of Distrii, Kelvin Tan, Director, Corporate Partnerships of NUS Enterprises and several others.

Start ups and the public who are interested in this event should refer to the event page for further information: https://www.wiseternasia.com/upcoming-events

—END—

About WiseNet Asia Pte Ltd: WiseNet Asia Pte Ltd is a regional integrated Human Resources services provider headquartered in Singapore. Incorporated in 2011, WiseNet Asia’s key services include talent acquisition, talent transition, talent development and HR outsourcing. Our core value is to accelerate human resources development through innovative HR models and knowledge sharing. For more information, visit http://wisenetasia.com/

Media Contact:
Regine Chin
GM, Marketing
T: +65 6337 2231
E: regine.chin@wisenetasia.com

2nd Western China International Fair for Investment and Trade(WCIFIT)

16 May 2019 – WiseNet Asia participated in the 2nd Western China International Fair for Investment and Trade in Chongqing to present its Belt and Road HR Solutions. This is the largest trade fair in Western China, and a significant event for Chongqing to carry forward it’s trade opening up through global collaborations. The trade opening up policy is in line with the Belt and Road Initiative for the Western region.

The 3 days event from May 16 to 18 attracted participants from 95 countries, consisting of 4000 companies and 70,000 visitors. A total of 132 projects with investment value of RMB337.53 billion are signed during the event.

Successful Placements

Marketing Manager, Logistics, Chongqing, China

March 2019

Successfully helped our client, a leading real estate development company headquartered in Singapore to close the role of Marketing Manager, Logistics in China.

Belt Road Initiative, Events

Chongqing Connectivity Initiative Bureau and Singapore Manufacturing Federation Started Initial Discussion on Leveraging of Southern Transport Corridor

28 Feb 2019: WiseNet Asia facilitated a meeting between Chongqing Connectivity Initiative Bureau, China (CCIB) and Singapore Manufacturing Federation (SMF), the aim of the meeting is to create awareness and promote trade in the Southern Transport Corridor to members of SMF.

Chongqing Connectivity Initiative Bureau is represented by Mr Hu Jian Bo, Minister of the Transport & Logistics Promotion Department, CCI.

Singapore Manufacturing Federation is represented by Mr Poh Choon An, Vice President. Mr Poh is also the Vice Chairman, China and North Asia Business Group, Singapore Business Federation (SBF). Other attendees from Singapore included Mr Wesley Hui, Executive Director, WiseNet Asia, Mr Chan Fook Seng, Consulting Director, Global Trade Services and several other key figures from each of these entities.

Left: Mr Hu Jian Bo, Minister of the Transport & Logistics Promotion Department, CCI; Mr Poh Choon An, Vice President, Singapore Manufacturing Federation

The Southern Transport Corridor is an extension of the Chongqing Connectivity Initiative (CCI), the 3^rd government-to-government joint project between China and Singapore. Chongqing is the western hub of the Belt and Road Initiative due to its strategic location that connects the “Silk Road Economic Belt”, “21st Century Maritime Silk” and the “Yangtze River Economic Belt”.

The Southern Transport Corridor is a southward trade route of multimodal rail and sea logistics networks. The Corridor consist of:
– Chongqing-Guizhou-Guangxi-Singapore rail-sea multi-modal logistics passage
– Southward cross-border road passage via the provinces of Sichuan, Guizhou and Guangxi
Southern Transport Corridor

With Southern Transport Corridor and the Europe bound north west rail route (YuXinOu), Chongqing is well positioned as the logistics hub for the western region.

Most of the members of Singapore Manufacturing Federation have set ups in countries along the Southern Transport Corridor, hence they will benefit from lower cost of goods sent, and reduced shipping time. SMF currently has 3000 members; SBF have another 5000 members, members from both associations will be alerted on the new network and its opportunities.

As of to date, not many Singapore companies are aware of the Southern Transport Corridor. When the faster and lower cost transport networks are fully maximized, the benefits are enormous. Moving forward, WiseNet Asia will assist companies that intend to expand into Southern China through its strength in business matching and talents management.

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Belt Road Initiative, Events

Singapore Chongqing Cross-Border Businesses Representatives Meet with Chongqing Municipal Government Officials to Discuss Business Challenges

12 March 2019 – Representatives from companies that operate in both sides of Chongqing and Singapore met with government officials from the Chongqing Municipal Government to discuss challenges in the course of doing business cross-border. This meeting aims to discuss business issues and possible solutions.

More and more multinationals and SMEs expand their businesses cross-border under the Chongqing Connectivity Initiative (CCI), the third government-to-government project between Singapore and China, which was set up in Nov 2015. Four priority sectors identified for joint development under CCI are financial services, aviation, transport and logistics and Information and Communications Technology (ICT).

This meeting is hosted by Mr Qi Xiao Feng, Deputy Director, Chongqing Connectivity Initiative Bureau.

Other representatives from Chongqing include Mr Deng Hui Lin, Deputy Mayor of Chongqing Municipal Government; Mr Qi Xiao Feng, CCIB Deputy Director; Mr Pang Li Qiang, Municipal Public Security Bureau Criminal Investigation Corps Political Commissar; Mr He Qiang, Director of Chongqing Public Security, Chengdu Railway Public Security Bureau. Also in the meeting are representatives from Municipal Government Port Logistics, Municipal Public Security Bureau, CCIB, YuXinOu Railway.

The Singapore based companies in Chongqing that have their representatives present are from WiseNet Asia, YCH Group, City Developments Ltd, Vibrant Group Ltd., Fooyo, Business China, FinTech Association.

The Chongqing based companies in Singapore that have their representatives present are from Chongqing International Trade Group, Zomwork, Xinyi Jimao, Shybuild, Dawn Group, Quanneng Pharmaceutical, Singapore Chinese medicine industry，Rong Teng Technology (Nova), Perfect International School, SECC Holdings, Meridian Industries.

The Singapore companies’ feedback on challenges they are facing in doing business in Chongqing, some of these include work permit validity for 1 year, which can be a hassle to renew yearly. Other areas where the participants requested for improvements include local corporate governance with better clarity, clearer defined legal protection for overseas companies’ investment and joint ventures.

From left: Wesley Hui, Executive Director, WiseNet Asia and Qi Xiao Feng, Deputy Director, Chongqing Connectivity Initiative Bureau

–End–

Successful Placements

Customer Service Manager, Chongqing, China

February 2019

Successfully helped our client, one of the world’s largest container transportation and shipping company to close the role of Customer Service Manager, China.

Articles, Belt Road Initiative, Talent Acquisition

Chongqing: A Growing Career Destination to Explore

Why you should consider career opportunities in Chongqing

Positioned at the confluence of Asia’s economic markets, Chongqing is the largest of China’s four municipalities. What’s more, it has seen a year-on-year double digit GDP of 11% reflecting its rapid growth and development.

A vibrant and unique city

Touted as the world’s fastest growing tourism city according to the World Travel & Tourism Council, Chongqing is the gateway to the stunning Three Gorges reservoir and home to alluring valleys.[1] Its location in the Sichuan region also makes it a great place to enjoy simmering hotpot dishes. Thrill-seekers can expect the American-owned Six Flags amusement park franchise to open an adrenaline-pumping space here in 2020.[2]

The Chongqing region is identified as one of the focuses under China’s 13^th Five-Year Plan (2016-2020) for socioeconomic development, with a mandate for greater urbanization and connectivity by strengthening its shipping centers in the Yangtze River, the longest river in Asia.

Chongqing is a key inland transportation hub for the Belt and Road Initiative which connects Western/Southeast Asia, Africa and Europe. The recent Belt & Road Chongqing Brand Expo 2018 drawing 20,000 visitors highlighted the city’s auspicious position as the intersection of the Silk Road Economic Belt, Indo-China Peninsula Economic Corridor and Yangtze River Economic Belt.

Transport options abound with Jiang-bei International Airport located in the heart of the city, over 150 trains passing through daily to connect major cities like Beijing and Shanghai, and 6 easily navigable subway lines linking Chongqing’s 9 districts, just to name a few. The huge investment in connectivity here has, in turn, attracted investment from other cities in China.[3]

Establishing a career in Asia’s largest smart city

Primed to be Asia’s largest smart city and also China’s pilot city to apply Big Data Intelligence by 2020, Chongqing hosted the Smart China Expo in 2018 which welcomed key personalities in business and tech such as Alibaba’s Jack Ma and Tencent’s Pony Ma.[4] Recently, Alibaba partnered with a local bank to develop financial service apps and Tencent announced its 1,000-strong workforce in the city, an increase from the previous figure of 400.[5] The presence of these MNCs here is testament to the growth potential of Chongqing—you certainly want to get on board this wave of progress!

Incentives for talents

Career opportunities are impressive as the local government seeks to attract worldwide talents. The launch of the Hongyan Talent Plan in 2017 is a major factor: it offers monetary incentives based on industry classification, services around investment and financing, eligibility for resident visa and household status, medical services and more.

Eligible talents (those who meet skillset requirements and sign an employment contract of a minimum of 3 years in Chongqing) can apply for the Chongqing Talent Service Card. This helps with household registration based on the available range of accommodation selections in expat-preferred areas, residential visa privileges, finding employment for spouse/children, schooling privileges and preferential medical arrangements. Entrepreneurs are also given support via tech initiatives, project financing, loan subsidies and more.

Those with children or looking to start a family can choose from a good variety of established international schools catering to ages from nursery to tertiary. Medical care is also just a ring away with most major serviced apartments having 24-hour call services with doctors on standby.

Achieving success

Adapting to life in Chongqing is easier than imagined with the availability of expat support networks and activities. These might include café meetups to get to know fellow expats in a relaxed setting, or even marathon races, seminars and conventions.[6]

Whether you’re a first-timer or a seasoned expat, keep an open mind and be willing to explore. Get rid of any preconceptions you may have and you might learn something new along the way!

In terms of business etiquette which can be delicate in Chinese tradition, here are some tips to follow:[7]

关系 (guānxì) or strong relationships is particularly important in China—this may involve several meetups which could involve informal lunches/dinners to achieve your objective
If you are new, it helps to have an intermediary as most Chinese don’t conduct business with people they don’t know
Small talk is common and expected before meetings, instead of just getting to the point
Maintain composure and avoid strong displays of emotion, as losing and gaining ‘face’ is a key Chinese concept
Enter meeting rooms in order of seniority; the person entering first is usually the head
‘Yes’ doesn’t always mean yes, and ‘no’ is only said in private

With practice and over time, these customs will naturally come to you.

With a plan dedicated to attracting world-class talents to this lively city brimming with opportunity, Chongqing is definitely a place you should consider for your next career move!

–End–

Sources:

[1] Source: https://edition.cnn.com/travel/article/chongqing-china-tourism/index.html

[2] Source: https://investors.sixflags.com/news-and-events/press-releases/2018/04-24-2018-213034885

[3] Source: https://www.internations.org/chongqing-expats/guide/working-in-chongqing-18651

[4] Source: http://en.people.cn/n3/2018/0830/c90000-9495761.html; https://www.prnewswire.com/news-releases/chongqing-to-host-smart-china-expo-boosting-development-of-big-data-technology-300699414.html

[5] Source: https://asia.nikkei.com/Business/Business-Trends/China-s-top-tech-flocks-to-inland-cities-to-develop-AI

[6] Source: http://www.cqexpat.com/

[7] Source: https://www.todaytranslations.com/doing-business-in-china; https://www.cnbc.com/2017/06/27/etiquette-tips-for-doing-business-in-china.html; https://cnbusinessforum.com/chinese-business-etiquette-101-business-china/

Articles, Belt Road Initiative, Talent Acquisition

Top 5 Challenges Faced by Foreign Enterprises in China Today

With the rapid development in the China market, China has now become one of the world’s leading economies. This has brought more and more foreign companies to China. China’s business environment and culture are different from other parts of the world. To succeed in China, foreign companies are inevitably faced with various challenges that must be overcome. In response to these challenges, we conducted a brief interview with Ms. Gao Xin, who has worked for many years in foreign companies. Ms. Gao Xin has more than 20 years of experience in human resources management. She is also the founding partner of the New Organization Development Research Institute. Ms Gao’s working experience include Director of Human Resources for Forbes500 Enterprises and Vice President, HR of listed companies in China. She is now working with Chinese local companies.

Based on her many years of experience and the observations working in foreign companies, Mr. Gao shared with us the top five challenges that foreign companies are facing while developing in China:

1. Foreign companies’ response to market changes is not timely

Due to rapid development, the Chinese market dynamics are constantly changing. Gao feels that the overall response of foreign companies to the market is obviously slower. She thinks the main reason is the inherent organizational structure of foreign companies. The headquarters of foreign-funded enterprises are all overseas, and the decision-making brain is often not in China. Many foreign companies in China are branches, and some are even divisions of the local Asian headquarters, thus, the distance from the real brain is quite far.

When the market has new developments, local companies will quickly respond with countermeasures. In the case of foreign-funded enterprises, their China’s branches need to report the new trends and counter measure plans to their headquarters. The headquarters will then go on meetings to discuss whether it can pass the proposed plans. This leads to the situation whereby when the local companies have already implemented counter programs, the foreign enterprises are still deciding which plan is better.

The congenital factors of foreign-funded enterprises to a certain extent determine that their response to changes in the market is not timely. Under the ever-changing market environment in China, the influence of this inherent problem of foreign companies is still quite substantial.

2. Foreign companies have low acceptance of new technologies in the domestic market

Gao thinks that although many advanced technologies are developed in the United States, the application of these technologies is very fast in China. She said that China does not have much historical burden on the use of new technology solutions, so it is very fast when it comes to the use of technological transformation. For example, credit card payment widely used in the West is not so popular in China, so new payment methods such as WeChat payment are widespread and fast. In the process, she discovered that many foreign companies are slower in this respect. In foreign companies, many office systems, management systems, and so on, all these technical applications need to be consistent with the headquarters for ease of management. The head office of foreign companies hopes that these systems will achieve global unity. Today, the development of information technology in China is changing with each passing day. Especially in the Internet industry, office software systems are constantly developing. For example, DingDing and WeChat Office fully realizes wireless connectivity with mobile phones, real-time office and remote office. Most local companies have begun to exercise these apps or software to improve their work efficiency. However, due to factors such as information security and global standardization, foreign-funded enterprises cannot decide whether to use the software in a short period of time, even if the software can effectively provide employees with work efficiency.

Gao also mentioned that many foreign companies have become accustomed to using e-mail to communicate, but the communication channels of local companies are relatively more diversified, and the exchange of information is very fast. To cope with fast market changes, the speed of decision-making must also be relatively fast, and the basis for the application of technology by foreign companies cannot support the pace of changes in the outside world.

3. China’s preferential policies for foreign enterprises have weakened

Gao shared that in the early days when foreign-funded enterprises entered the Chinese market, the Chinese government provided many preferential policies, such as tax incentives, industry-based preferential terms, etc. This series of policies allows foreign-funded enterprises to have a greater advantage when competing with local companies.

However, as more and more foreign-funded enterprises enter the Chinese market, coupled with the enormous development of local companies, the preferential policies for foreign-funded enterprises are slowly weakening. At the same time, the government is also supporting the development of local enterprises. This has resulted in foreign companies losing competitive advantage in the Chinese market. According to Gao’s observation, many foreign companies may not be able to cope with this change. For example, she mentioned that when a foreign company first entered the Chinese market, the company had a large preferential policy on income tax. Now that the policy has changed, the company’s expenditures and income have also changed. However, when the company reinvested in the Chinese market, it failed to take a very effective approach to deal with the weakening preferential policies.

4. Corporate culture differences

The work environment provided by foreign-funded enterprises to employees is relatively stable, comfortable and humane. Most people in Western countries are pursuing a state of balance between life and work. They hope that work and life are completely separate. Working hours are devoted to work, and at the end of the day, they should devote themselves fully to their own lives. However, in China, most people are very hardworking and aggressive, and their pace is relatively fast. Many people are willing to sacrifice their own rest time and devote themselves to work, hoping that they can achieve something in their career. Although employees of foreign-funded enterprises often have overtime, the reason for this overtime is mostly for internal communication purposes. Due to the time difference with the headquarters, most branch offices need to report work based on the time of the headquarters.

Gao feels that the rhythm of the entire society in Europe and the United States is relatively slow compared with China. Although the humane management style of foreign-funded enterprises is very attractive to most people, however, due to the fierce competition in the Chinese market, compared with local companies, foreign-funded enterprises have not developed the kind of ‘fierce’ spirit in response. In the long run, it appears that the competitiveness of foreign companies lags behind their Chinese competitors.

5. Foreign companies are becoming less attractive to talent

Mr. Gao shared that in the 90s and even the beginning of 2000, foreign companies ranked top on the list of companies favored by talents. However, today, there are more and more local companies that ranked ahead as favourable employees, such as Alibaba, Huawei, Tencent and others. In the early days, foreign enterprise talents were very popular in the market. But now, their popularity is on the decline.

Gao also analysed that foreign companies have advantages in the field of technology and industry experience, and a relatively longer market development time, this forms a more mature management model and philosophy. The advantages of foreign companies are a clear organizational framework, standardized processes, and meticulous definition of work scopes. These are some HR aspects that were highly regarded before. However, it is also because of this, we realized that foreign enterprises employees can have depth in their work yet their scope is limited.

In addition, foreign branches in China do not have strong authority, and rely on the system from head office for implementations, consequently people feel more restrained. China start-ups often do not have a clear framework in the beginning. People who work in there have multi-talents and are able to work beyond their scope. Ms Gao foresees that in the future, due to the continuous development and changes in the market, these multi-faceted talents are what the employment market will be lacking.

Finally, for foreign companies, many organization structures are fixed and it is difficult to make a big difference. Many times, a position can only rise up to certain level, where beyond that level are all foreigners. For Chinese people there is no path for further growth.

In China, the attractiveness of foreign enterprises to talents are gradually declining. Talents that come out from foreign-funded enterprises are also losing their appeal in the employment market.

As a conclusion, Gao feels that when foreign companies are navigating the rapid development of the Chinese market and the aforementioned challenges, they need to reconsider their development strategy and positioning. If the Chinese market is the company’s target or future key market, then there need to be some adjustments in the management system and thinking. For example, to set the target market as priority, the headquarter can work as a resource and strategy center that supports the rapid development of the market. The frontline in the target market is given the authority and space for decision-making, while the headquarters mobilize resources for support.

The above article is the interviewee’s point of view and does not represent WiseNet Asia’s position. We are very grateful to Mr. Gao for taking the time for this interview.

About Miss Gao Xin

Ms. Gao Xin has more than 20 years of experience in human resources management, organizational and leadership development. She is also the founding partner of the New Organization Development Research Institute. Ms Gao’s working experience include Director of Human Resources for Forbes500 Enterprises and Vice President, HR of listed companies in China.

Qualifications:

Master of Sustainable Leadership, University of Cambridge, UK.

MBA, Federation University, Australia

MBA, Human Resources Management, Beijing University of Science and Technology, China.

National Secondary Psychological Consultant, National Human Resource Manager, Accountant, Financial Economist, ICP Certified NLP Coach, DISC Practitioner.

Articles, Belt Road Initiative, Talent Acquisition

Chongqing Municipal Government’s Hongyan Talent Plan Benefits both Talents and Companies in Chongqing

The Chongqing Municipal government’s Hongyan Talent Plan, launched in year 2017, aims to attract talents from all over the world to the city.

Domestic and foreign talents can now apply to be part of the Hongyan Talent Reward Plan and enjoy the relevant policies and services according to their industry classifications.

Incentives*:
• Category A talents: Monetary incentives equivalent to twice the amount of annual income tax contributed or fixed quantum incentives not amounting to more than RMB 2 million.
• Category B talents: Monetary incentives equivalent to 1.5 times the amount of annual income tax contributed or fixed quantum incentives not amounting to more than RMB 1 million.
• Category C talents: Monetary incentives equivalent to 1.2 times the amount of annual income tax contributed or fixed quantum incentives not amounting to more than RMB 300K.
*Payout of the incentives will take place over a period of three years. 40% of the incentives will be paid out on the 1st year, 35% will be paid out on the second year and subsequently, 25% will be paid out on the third year.

One-stop Services:
• Entrepreneurship: Readily available services for investment, financing, applications for national and provincial level technological projects, etc.
• Resident Visa: Eligible to apply for 5 year residence permit and enjoy perks for permanent residence status.
• Settlement / Household registration: Eligible to apply as a registered household in Chongqing for the talent and family.
• Assistance on employment for spouse and children.
• Medical Service: Enjoy privileges of priority medical services via the “green channel” in hospitals, including priority for appointments, hospitalisation,
and surgical procedures.

INDUSTRY REWARD TIERS:
Applicable Industries: Water Conservation, Agricultural Leasing, Environmental & Public Amenities, Building, Mining, Wholesale and Retail, Manufacturing, Real Estate, Transportation, Warehousing, Cultural, Sports, Entertainment, Food & Beverage and Hospitality.
Category A: Professionals with an annual salary of RMB 1.2 million and above.
Category B: Professionals with an annual salary of RMB 600K to RMB 1.2 million.
Category C: Professionals with an annual salary of RMB 300K to RMB 600K.

Applicable Industries: Education, Public Administration, Social Organisations, Electricity, Heat, Gas, Water Works, Health & Social Works, Scientific Research, Technical Services and Information & Communications Technology.
Category A: Professionals with an annual salary of RMB 1.6 million and above.
Category B: Professionals with an annual salary of RMB 800K to RMB 1.6 million.
Category C: Professionals with an annual salary of RMB 400K to RMB 800K.

Applicable Industries: Financial Institutions, Private Equity and Venture Capitals. This also includes professionals who are involved in Offshore Finance, New Financial Products Research, Risk Management, Financial Leasing and CFA, CFP & Finance Professionals.
Category A: Professionals with an annual salary of RMB 2 million and above.
Category B: Professionals with an annual salary of RMB 1.2 million to RMB 2 million.
Category C: Professionals with an annual salary of RMB 600K to RMB 1.2 million.

WiseNet is accredited by the Chongqing Municipality with the following:

Chongqing Municipality Talent Attraction Work Station 重庆市引才工作站
Talent Acquisition Service Provider for Chongqing Municipality from 2018-2019 under the Hong Yan Talent Scheme 重庆鸿雁计划海外服务供应商

Learn more about Hong Yan Talent Plan, click here: Hongyan Talent Brochure_PRINT

Business Matching, WiseNet Asia in the News

Wisenet Asia’s Business Matching Successfully Brings Together Top Aviation Universities in USA and China

1 Oct 2018: WiseNet Asia has brought together the successful collaboration between Embry-Riddle Aeronautical University, USA and Chongqing Jiaotong University, China under the Chongqing Connectivity Initiative (CCI).

The CCI is Singapore and China’s third joint project, and a linchpin of the global Belt and Road Initiative. The four main pillars of cooperation are in transport and logistics, aviation, information and communication technology and finance. CCI aims to drive growth in China’s western region by improving Chongqing’s transport and services links to the region and beyond.

Facilitated through WiseNet Asia, Embry-Riddle Aeronautical University (ERU), the world’s largest university specializing in aviation and aerospace, and Chongqing Jiaotong University (CQJTU), China’s leading university in transport engineering has signed a Memorandum of Understanding on the following:

Joint Degree courses starting year 2019 in Singapore
Short term courses
Exchange program for teaching staffs

This marks a significant milestone for aviation training in China and South East Asia, as there will be more options and better access to internationally recognized aviation courses.

Boeing forecasts that Asia Pacific’s economic growth will spur a need for 240,000 more pilots, 317,000 cabin crew and other aviation jobs such as technicians by 2037. China will need half of these new personnel.

WiseNet Asia’s Belt and Road Initiative Business Matching Unit is a division of WiseNet Asia Pte Ltd.

About WiseNet Asia Pte Ltd: WiseNet Asia Pte Ltd is a regional integrated Human Resources services provider headquartered in Singapore. Incorporated in 2011, WiseNet Asia started as an executive search firm and has since grown into a one-stop HR services provider. It’s services include talent acquisition, talent development, talent transition, talent e-management system, HR outsourcing and Belt and Road Initiative business matching. WiseNet Asia’s core value is to accelerate human resources development through innovative HR models and knowledge sharing. For more information, visit www.wisenetasia.com

Belt Road Initiative, Events

Belt & Road Chongqing Brand Expo 2018

Date: Friday, 23rd Nov 2018 to Sunday, 25th Nov 2018
Time: 10:00 – 6:00pm (Sunday expo closes at 5pm.)
Location: ChongQing International Expo Center

Why choose ChongQing?

Event Details
Theme: Quality of Life to Share

With the strong support of Chongqing Municipal People’s Government, Chongqing Commerce Commission, China-Singapore (Chongqing) Demonstration Initiative on Strategic Connectivity Administrative Bureau, and Liangjiang New Area Government, the Expo will be launched in Chongqing, the only municipality in Western China, to deepen the implementation of the “Belt and Road” Initiative along China’s Yangtze River Economic Belt and to establish a world-class serial exhibition.

Well located in the crossroad of “Silk Road Economic Belt”, ”China – Indo-China Peninsula Economic Corridor” and “Yangtze River Economic Belt”, Chongqing set up China (Chongqing) Pilot Free Trade Zone in 2017. In addition, since Chongqing – Xinjiang – Europe International Railway became operational, Chongqing has become a key gateway connecting Europe, Asia-Pacific Region and ASEAN.

Statistics from “Belt & Road” Expo 2017
During the 2017 Expo, 12 sessions of road shows and 70 match-makings were held. Nearly 60 journalists from over 40 mainstream media delivered live report, releasing a total of over 1400 news reports throughout the event.

Event Activities:

Click here to register: Registration for Brand Expo 2018

Contact Person

Mr Toh Boon Lai
WiseNet Asia Pte Ltd
T: +65-9239 7509
E: boonlai.toh@wisenetasia.com

WhatsApp for Enquiry: Click here